Key takeaways
Divorce in Ontario can be quick or slow depending almost entirely on whether the two spouses agree. The legal act of divorcing — ending the marriage — is often the simplest part. The time-consuming issues are usually parenting, support, and dividing property. Understanding the difference helps set realistic expectations.
The most common ground for divorce in Canada is that the spouses have lived separate and apart for at least one year. You can start the divorce process before the year is up, but the divorce itself will not be granted until the one-year separation is complete. Divorce on the basis of adultery or cruelty does not require the one-year wait but must be proven, which is uncommon in practice.
Where spouses agree on everything, or where only the divorce itself is sought, the process is relatively fast. Once the application is properly filed and served, an uncontested (or “simple”) divorce is commonly processed in roughly four to six months, subject to court processing times. After a judge grants the divorce, there is a 31-day waiting period before it takes effect and a Certificate of Divorce can be issued.
When spouses disagree about parenting, support, or property, those issues move through the family court process — case conferences, motions, and settlement conferences — and the divorce is usually granted once the related issues are resolved. A contested matter commonly takes twelve to eighteen months, and cases that proceed to trial can take two years or more.
The main factors are the level of agreement between the spouses, the completeness of financial disclosure, the complexity of property and support issues, and your local court’s processing times. Full early disclosure and a willingness to negotiate are the most effective ways to shorten the process.
A divorce takes effect on the 31st day after the divorce order is made, unless a court orders otherwise. Only then are you legally free to remarry, and you can request a Certificate of Divorce as proof.
An uncontested divorce is usually processed in about four to six months. A contested matter commonly takes twelve to eighteen months, and longer if it proceeds to trial.
The most common ground requires living separate and apart for one year. You can file before the year is up, but the divorce will not be granted until the one-year separation is complete. Divorce on grounds of adultery or cruelty does not require the wait but must be proven.
A divorce takes effect on the 31st day after the Divorce Act order is made. Only then are you legally free to remarry.
This article is general information about divorce timelines in Ontario and is not legal advice. To discuss your circumstances, contact Tailor Law.